Publius-Huldah's Blog

Understanding the Constitution

From Duty to be Armed to Permission to Carry

By Publius Huldah

“If the central government has the authority to tell a state it must accept permits from all the other states, then it also has the authority to tell a state it may not accept a concealed permit from any other states. If the central government can do these things it can set up a national concealed carry permit scheme and in essence bring into existence a national arms registry. That is exactly where this is headed.” Attorney Richard D. Fry 1

Some are touting the federal Concealed Carry Reciprocity Act of 2017 (HR 38) as a bill which would expand our right to carry. But if you will walk with me for a few minutes, I’ll show you a better path to take.

Let us look at the applicable First Principles, to which I propose we return.

1. Gun control is not an enumerated power delegated to the federal government

Our federal Constitution doesn’t delegate to the federal government any power over the Country at Large 2 to restrict our arms. Accordingly, all pretended federal laws, regulations, orders, opinions, or treaties which purport to do so are unconstitutional as outside the scope of powers delegated. They are also unconstitutional as in violation of the Second Amendment.

The only power the federal government has over the Country at Large respecting arms is set forth at Article I, §8, clause 16 with respect to providing for the “organizing, arming, and disciplining, the Militia”. Pursuant to this clause, Congress passed the Militia Act of 1792 which required every able-bodied male citizen (with a few exceptions) between the ages of 18 and 45 to acquire a rifle, bayonet, ammo, ammo pouch, and report to his local Militia Unit for training. 3

2. What does your State Constitution say about the right to keep and bear arms?

Each State has its own Constitution which addresses its State Militia and the right to be armed.

Now listen: No State may lawfully make any law which contradicts its State Constitution or which interferes with Congress’ power to “organize, arm, and discipline, the Militia”.

Accordingly, any State Statute which purports to require a permit before one may carry a gun is probably unconstitutional under that State’s Constitution; and is certainly unconstitutional under the federal Constitution because Congress may lawfully require able-bodied male Citizens to acquire firearms and ammo and report to their local Militia Unit for training!

Do you see?

Now let’s look at Title 18, US Code, Part I, Chapter 44, which HR 38 proposes to amend.

3. Title 18, US Code, Part I, Chapter 44 is unconstitutional

It sets up a complex federal regulatory scheme over firearms, every word of which is unconstitutional as outside the scope of powers delegated, and as in violation of the Second Amendment.

HERE it is, look through it (§§ 921-931).

4. What HR 38 actually does

HR 38 proposes to amend this existing federal regulatory scheme to insert a new provision [to be § 926 D] to require States which have a statute which permits residents of their State to apply for a permit [!] to carry a concealed firearm

to allow persons from other States:

· who aren’t prohibited by federal law from possessing firearms [!]; and

· who are carrying a photographic ID issued by a government body [!]; and

· who are carrying a concealed carry license or permit from the other State [!],

to possess or carry a concealed handgun (other than a machinegun or “destructive device”) which has been shipped or transported in interstate or foreign commerce.

So! Even though a State Constitution, such as that for Connecticut, 4 prohibits the State Legislature from making ANY laws restricting firearms (such as imposing requirements for registration, a permit, government issued photo ID), a Citizen of Connecticut who exercises his constitutionally recognized right to carry without registration or a permit or a government issued photo ID, wouldn’t qualify under HR 38 for concealed carry in another State.

To qualify for concealed carry in other States, the Citizen of Connecticut would need his State Legislature to pass a law [which is unconstitutional under the Connecticut and federal Constitutions], so that he could comply with an unconstitutional federal statute [HR 38], so that he could carry in other States which also would have to pass unconstitutional laws imposing permit requirements on those who carry concealed.

Do you see how a God-given right [self-defense] is thus converted into a privilege which is regulated, granted, or denied, by civil government?

HR 38 also provides that any person carrying a concealed handgun in a State under the reciprocity provisions may also carry concealed in the public parts of National Parks and certain other lands under federal control. Lest you think this a gain, consider that: (1) The Constitution doesn’t authorize the federal government to operate national parks and such like, and (2) the federal government has no lawful authority to impose registration requirements for carrying arms anywhere!

5. What’s the solution?

Read our Declaration of Independence and federal Constitution. Then you won’t fall for unconstitutional gimmicks like HR 38.

The gun rights organizations could perform valuable services to our Country by working for:

· the repeal of the entire unconstitutional federal regulatory scheme respecting arms;

· the repeal of all unconstitutional State regulatory schemes;

· the revitalization of the State Militia to replace the federally controlled National Guard; 5 and

· by providing more classes for Citizens in arms training.

And please stop lobbying for unconstitutional federal legislation!

Endnotes:

1 From the late Attorney Richard D. Fry’s email of Dec. 10, 2015 to US Senator Moran, a co-sponsor of SB 498, the Constitutional Concealed Carry Reciprocity Act of 2015. Richard, who was my Friend, sent me a copy of his letter.

2 Pursuant to Article I, § 8, next to last clause, Congress has general legislative powers over the District of Columbia, military bases, dock yards, mints, federal courthouses and post offices, and such other places needed for Congress to exercise its enumerated powers. The exercise of such powers by Congress over these small federal enclaves is restricted by the Bill of Rights – including the 2nd Amendment. So Congress is prohibited from making, for these federal enclaves, any laws which infringe the Right of The People to keep and bear Arms. Congress may properly require individuals visiting federal prisons, the psych ward of military hospitals, the mint, federal courthouses, and such like, to leave their arms in their vehicles. But Congress may not require Citizens to obtain and carry a permit or photo ID as a condition precedent to carrying a firearm.

3 The “Militia of the several States” were creatures of State Statutes – not of the federal government. Dr. Edwin Vieira’s short video shows how the State Militia were replaced by the federally controlled National Guard.

4 The Constitution of the State of Connecticut says at Article I: “SEC. 15. Every citizen has a right to bear arms in defense of himself and the state.”

5 See A SERIOUS QUESTION FOR THE NRA, by Dr. Edwin Vieira, re revitalization of the Militia of the several States. Dr. Vieira’s mind is a delight.

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July 19, 2017 Posted by | 2nd Amendment, concealed carry reciprocity act, gun control, Militia | , , , , , , , | 25 Comments

Get your State Militia revitalized before it’s too late!

In all questions respecting the Militia, Dr. Edwin Vieira is the authority.  In the 7 minute video below, Dr. Vieira  shows us the difference between the State Militia and the State national guard.

I’m going through Title 58 of the Tennessee Code now compiling “The Tennessee Military Code of 1970”. We don’t have an active Militia (within the meaning of Art. I, Sec. 8, clauses 15 & 16 – and which James Madison described in Federalist Paper No. 46) here in Tennessee. All we have is the national guard which is an adjunct of the federal military (Art. I, Sec. 8, clauses 12-14).

When the islamists the obama administration is importing as fast as they can start the civil war here, we better have our own State Militia organized and ready to defend us. But those are not my words. JAMES MADISON SAID IN FEDERALIST NO. 46 that the purpose of the Militia is to defend us from the federal government.

Alexander Hamilton also said that when the federal government acts against our interests, we must look to our States to defend us (Federalist No. 28 and 29).

I call upon retired military men all over the Country and of all the various branches to get together and look into your State Constitutions and State Statutes and find out the Status of your State Militia. It may be that we will have to go back to the State Militia laws which were in effect before the State Military forces were federalized as a result of the Dick Act of 1902.

We better un-federalize our State military forces before the trouble starts.  We can not depend on the US military to defend us. Obama is purging the US Military of good men. All that will be left will be his thugs & bullies – and of course, transgender people and such like.

Freedom isn’t free – as we will soon find out.

You can find Dr. Vieira’s articles here:  http://edwinvieira.com/

And no, News with Views is not an “attack site with malware”. Some people don’t want you reading the articles they publish.

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May 10, 2016 Posted by | Dick Act of 1903, Edwin Vieira, Federalist Paper No. 46, Islamization (Islamification), James Madison, Militia | , , , , | 31 Comments

Treason, Cowardice, and the Islamic Invasion: Why States Must Revitalize The Militia

By Publius Huldah

To All State Governors and State Legislators:

War is coming to America. Obama is importing young able-bodied males to make civilizational jihad on us; and Congress can’t summon up the moral courage to stop him.

To see what is ahead for us, watch this 20 minute video. It depicts the Islamic takeover which is right now going on throughout Europe as European countries are being repopulated by millions of young able-bodied Muslim males (euphemistically called “refugees”) who are explicit about their intention to breed the native Europeans out of existence, and replace the European cultures with Islamic culture.

And Obama is bringing it here.

This paper discusses the two courses of action set forth in Federalist Paper No. 46 for situations such as this: (1) The States must refuse to cooperate with the federal government; but if that doesn’t solve the problem, (2) The States must use their State Militia to defend their State and Citizens.

Invaders are not “Refugees” or “Immigrants”

Those pushing for an Islamic takeover of Europe and North America are referring to these able-bodied young Muslim males as “refugees”. The use of that term brings the Muslims who are brought into the United States within the federal Refugee Resettlement Act. And since the Constitution delegates power over immigration to Congress, and Congress re-delegated refugee policy to the President, the States must submit to Obama’s Will and accept the “refugees” he forces on them. Thus goes the specious argument recently made by Ian Millhiser.

But we will look at the Truth.

What does our Constitution say about Immigration and Naturalization?

Immigration (or migration) pertains to new people coming to this Country to live.1 Naturalization refers to the process by which an immigrant becomes a Citizen.

Our Constitution does delegate power over immigration and naturalization to Congress. Article I, §9, clause 1, delegates to Congress (commencing January 1808) power to control migration. 2 Article I, §8, clause 4, delegates to Congress power to establish an uniform Rule of Naturalization.

But what is going on now with the importation of large numbers of able-bodied young Muslim males is not “immigration” as contemplated by our Constitution. It is an act of war being committed against the People of the United States by their President. The plan is to overthrow our Constitutional Republic and set up an Islamic Caliphate over America. 3

That is Treason – it is Insurrection. It is not “immigration”, and it is not “refugee resettlement”.

The States must refuse to cooperate

Michael Boldin’s recent informative article explains how the federal resettlement program works: The federal government coordinates resettlement of “refugees” with non-governmental organizations (NGOs) located within the States, and thus circumvents state and local governments. Accordingly, the States should promptly stop all such NGO involvement; take control of the programs themselves; and then refuse to cooperate with the federal government.

James Madison, Father of our Constitution, spells this out in Federalist No. 46 (7th para). Respecting unpopular acts of the federal government:

“…the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps, refusal to co-operate with the officers of the Union; the frowns of the executive magistracy of the State; the embarrassments created by legislative devices, which would often be added on such occasions, would oppose, in any State, difficulties not to be despised; would form, in a large State, very serious impediments; and where the sentiments of several adjoining States happened to be in unison, would present obstructions which the federal government would hardly be willing to encounter.” [emphasis mine]

But if the federal government persists, then the States must move to the next Step.

Our Constitution Imposes the Duty on the Federal Government to protect us from Invasion

Article IV, §4, requires The United States to protect each of the States against Invasion:

“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion…” [emphasis mine]

In Federalist No. 43 (3rd para under 6.), Madison says of this provision:

“A protection against invasion is due from every society to the parts composing it…” [emphasis mine]

Article I, §8, clause 15 delegates to Congress the power:

“to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions”.

Article 1, §8, clause 16 delegates to Congress the power to provide for organizing, arming, and disciplining, the Militia. The States retain the power to appoint the Officers and conduct the training.

Article II, §2, clause 1 makes the President Commander in Chief of the Militia of the several States, when called into the actual Service of the United States. [But remember: the federal government may call forth the Militia only for the three purposes listed in Art. I, §8, cl. 15].

But the federal government hasn’t called forth the Militia to protect the States from the Islamic invasion. To the contrary, the President is importing the invaders and foisting them on the States.

So! What are States and The People to do? Because the President is aligned with the invaders, and Congress filled with moral cowards, must we passively submit to having ourselves and our Christian and Jewish children killed, and then let our surviving burka dressed daughters and granddaughters be handed over to the clitoris cutters?

No! The People have the Natural Right of self-defense; and the States have the reserved Power to defend their Citizens. With the State Militia, The People and the States have the means to exercise this Natural Right and reserved Power.

The States must Revitalize their State Militia

What is the Militia? As Dr. Edwin Vieira’s excellent series 4 on the Militia and how it guarantees the right to keep and bear arms shows, the Militia has a long history in America. That history began with the English settlements in the early 1600s. Every free male was expected to be armed and prepared at all times to protect himself, his family, and his community. Laws in the Colonies gave effect to this requirement. So at the time of the drafting of our Constitution in 1787, everyone knew of this 150 year long history of free American males being required to be armed, trained, and ready at a moment’s notice to answer the call of Duty.

Accordingly, the above identified “militia clauses” were written into our Constitution of 1787.

In 1792, Congress implemented these militia clauses and passed “An Act more effectually to provide for the National Defense by establishing an Uniform Militia throughout the United States”. This Act required all able-bodied male citizens (with a few exceptions) between the ages of 18 and 45 to get a rifle, bayonet, ammunition and an ammunition pouch, and enroll in the local Unit of their State Militia for training.

As Section 1 of the Act shows, the adult able-bodied male Citizens of a State are The Members of their State Militia. So, continuing the long-standing colonial tradition, Members of Congress in 1792 thought it such a fine idea that all male citizens be armed and trained and members of their State Militia, they required it by federal law!

So! As Art. I, §8, cl. 15 shows, Congress is authorized to provide for calling the Militia into national service to “execute the Laws of the Union, suppress Insurrections and repel Invasions”. But what if the federal government refuses to act?

Alexander Hamilton provides the answer in Federalist No. 29. Hamilton shows that one of the purposes of the Militia is to protect the Citizens of the States from threats to their liberties posed by the federal government (7th & 12th paras); and that the States’ reservation of power to appoint the Officers secures to them an influence over the Militia greater than that of the federal government (9th para).

And on the use of the Militia to repel Invasions, Hamilton says (13th para):

“In times of insurrection, or invasion, it would be natural and proper that the militia of a neighboring State should be marched into another, to resist a common enemy, or to guard the republic against the violence of faction or sedition…”

True, it was contemplated that the “United States” would be the entity which protects the States against Invasion (Art. IV, §4). But when the federal government has demonstrated its determination that the States ARE TO BE OVERRUN BY INVADERS, then the People have the natural right to defend themselves, and their States have the retained Power to employ the Militia to defend them from those into whose hands the federal government has demonstrated its determination to deliver them.

The States are within their retained Sovereign Power to call up their State Militia to fend off invaders. Article I, §10, last clause, is an expression of this retained sovereign Power of States of self-Defense:

“No State shall … engage in War, unless actually invaded…”

Clearly, the States may use their State Militia to engage in War to defend the States from Invasion.5

James Madison spoke to the same effect as Hamilton respecting federal tyranny. In Federalist No. 46 (9th para), Madison speaks of a federal government so consumed with madness that it sends its regular army against the States:

“…Let a regular army … be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger. … [To the regular army] would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence. It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. … Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms [an insurmountable] barrier against the enterprises of ambition…” [boldface mine]

Look to Your State Constitution for Provisions re Your State Militia

Article VIII of the Constitution for the State of Tennessee provides for Tennessee’s Militia. Consistent with the tradition which has existed in this Country since the early 1600s, all Tennessee Citizens are members of this Militia. Article I, §28, TN Constitution says:

“That no citizen of the state shall be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law.”

Read your State Constitution. What does it say about the Militia? What do the implementing State Statutes say? Is your State Militia active? Why not? For information on revitalizing your State Militia, see Dr. Vieira’s three part series, “Are You Doing Your Constitutional Duty For “Homeland Security”?

Conclusion

Madison closes his magnificent 9th paragraph in Federalist No. 46 with this:

“…Let us not insult the free and gallant citizens of America with the suspicion, that they would be less able to defend the rights of which they would be in actual possession, than the debased subjects of arbitrary power would be to rescue theirs from the hands of their oppressors. Let us rather no longer insult them with the supposition that they can ever reduce themselves to the necessity of making the experiment, by a blind and tame submission to the long train of insidious measures which must precede and produce it.” [emphasis mine]

But we became “debased subjects of arbitrary power”. So now, will we lay down before the Invaders and Insurrectionists and those in our federal government who aid and abet them? Or we will man up, revitalize our State Militia, and show the world that we still have some “free and gallant Citizens of America” in this land?

Endnotes:

1 Our Framers contemplated that immigration would be restricted to people who shared our culture and values – e.g., Federalist No. 2, 5th para.

But Americans got conned into believing that an ideal culture is multicultural. Thus, with Teddy Kennedy’s immigration reform act of 1965, our borders were opened to all. We congratulated ourselves on our new virtues of “tolerance” and “diversity”. But the goal of the multiculturalists was to eradicate our unique Culture – we were too gullible to see it. So now, the enemy is inside the gates, and more are coming in. And Islam doesn’t tolerate multiculturalism.

2 “Open borders” adherents bristle at the assertion that Congress has constitutional authority to restrict immigration. They insist that Art. I, §9, cl. 1 addresses only the importation of slaves and says nothing about free immigrants. But the text distinguishes between “migrations” and “importations”, and the Duty is levied on “importations”, not “migrations”. Slaves, being “property”, were “imported”. Free Europeans “migrated”. The power of the States to determine such persons as it was proper to admit, expired January 1808. There are various letters and speeches from our early days confirming this. I’ll write it up when I get time (if this doesn’t turn on the light). For now, see Federalist No. 42 (6th para):

“…Attempts have been made to pervert this clause [Art. I, §9, cl. 1] into an objection against the Constitution, by representing it on one side as a criminal toleration of an illicit practice [the slave trade], and on another as calculated to prevent voluntary and beneficial emigrations from Europe to America. I mention these misconstructions, not with a view to give them an answer, for they deserve none, but as specimens of the manner and spirit in which some have thought fit to conduct their opposition to the proposed government.” [boldface mine]

Our Framers understood that the national government must be able to determine who is allowed to come here. That’s why Art. I, §9, cl. 1 delegates to Congress power to control immigration, commencing January 1808. And isn’t one of your complaints against the federal government that it has refused for so long to control our Borders?

3 See the website for The Center for Security Policy (Frank J. Gaffney) HERE. There you can read The Plan of the Muslim Brotherhood to infiltrate and take over all American Institutions. They are working to make this Country part of a global Islamic caliphate. Open your eyes NOW.

4 Do read all 8 of Dr. Vieira’s papers in this series. They get very moving.

5 “Troops” as in Art. I, §10, last clause, are professional full-time soldiers. States may not keep “Troops” absent consent of Congress. But the States’ Militia is a permanent State institution. The States retain their pre-constitutional powers over their Militia, subject only to the federal government’s limited supremacy set forth in the 3 Militia clauses [See Part 2 of Dr. Vieira’s paper HERE.] PH

December 2, 2015

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December 2, 2015 Posted by | armed citizens, Federalist Paper No. 46, gun control, Islamization (Islamification), James Madison, Militia, refugee resettlement | , , , , , , , , , , , , , , , , , , , , , | 37 Comments

   

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